United States v. Domingo Martinez-Morales

INTRODUCTION

Martinez-Morales was convicted of encouraging and inducing the entry into the United States of an illegal alien in violation of 8 U.S.C. § 1324 (a)(4), aiding and abetting the entry into the United States of an illegal alien in violation of 18 U.S.C. § 2 and 8 U.S.C. § 1324 (a)(1), and making a false representation of United States citizenship in violation of 18 U.S.C. § 911 . He contends his fifth and sixth amendment rights were violated because the government returned his co-defendant to Mexico before he could interview him. He does not appeal his conviction for violation of 18 U.S.C. § 911 .

The missing witness had no connection with the transaction underlying one conviction. The government had no way of knowing the witness was connected with the aGts underlying the second conviction. We affirm.

FACTS

On August 22, 1979 Domingo Martinez-Morales presented himself for inspection at the port of entry at Calexico, California. He was driving a car with California license plate number 978 ALS. He claimed to be a U.S. citizen and was referred to secondary inspection for investigation of this claim.

At the time of his inspection Martinez-Morales had several papers…